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CJEU Case C-218/15 / Judgment

Gianpaolo Paoletti and Others v. Procura della Repubblica

Policy area:
Justice, freedom and security
Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Court (Fifth Chamber)
Type:
Decision
Decision date:
06/10/2016

Key facts of the case:

Reference for a preliminary ruling — Article 6 TEU — Article 49 of the Charter of Fundamental Rights of the European Union — Principle of retroactivity of the more lenient criminal law — Italian nationals having organised the illegal entry into Italy of Romanian nationals — Acts carried out before the accession of Romania to the European Union — Effect of Romania’s accession on the criminal offence of facilitation of illegal immigration — Implementation of EU law — Jurisdiction of the Court

Outcom of the case:

On those grounds, the Court (Fifth Chamber) hereby rules:

Article 6 TEU and Article 49 of the Charter of Fundamental Rights of the European Union must be interpreted as meaning that the accession of a State to the European Union does not preclude another Member State imposing a criminal penalty on persons who committed, before the accession, the offence of facilitation of illegal immigration for nationals of the first State.